ID theft affidavit appropriate?

[jasen]

Here's the deal. A new collection has shown up on my wife's report for a medical bill (psychologist) her ex-husband incurred. She was apparently listed as either co-signer or something. Can't be sure as to whether or not he would have done this on purpose, or if they just had her name on file as his wife and put it on there accidentally.

I've already sent out letters to both the doctor's office and the CA, to the effect of "my name was used on this debt fraudulently, remove it or I will pursue legal remedy / etc". I'm going to give it 30 days.

Now the question is, lets say he went to this doctor sometime in between when she filed for divorce and was granted the decree (took several months). We can't be 100% sure of the timeline, as there's not date of when the debt occurred, just when it was reported, and due to HIPPA, they won't tell us a damn thing. (funny they'll take her money for it though?)

Would filing the affidavit in this case by considered falsifying a police report if somehow, the doctor provides proof that it occurred before the decree was granted?

We'll be filing that next, if they don't remove this by next month.

[isislc]

Since it is on her credit report, I would suggest disputing it with the CA and demand that it be investigated, asking for all the information like you would in a DV. Make sure you ask for date of service, proof that you agreed to pay for this debt, your sig, etc. You get the picture. You should be able to get the info you need that way then use it to pursue your fraud theft. Since the letter you originally sent them really didn't ask for this, they will probably ignore you for now so get this letter out as soon as you can.

[jasen]

I'm not sure. I think I need to be going after the source, the doctor's office.

I'll need to check the laws in my state, but I believe that if you're married your spouse can put you down as a co- when they go to the doctor, no signature required, which is probably what happened. And the doctor has no idea that your divorced, so they go along with it, or it's stored in their database that way.

I think the goal should be to get her name disassociated with his, so that the doctor will stop trying to go after her for his visits, both past and future.

I think if I can force the doctor to remove her name, then the CA would be forced to remove it from her report anyway (or else then we really attack them for violations).

[torikid]

It can be done on purpose or accident. When they filled out the medical forms (originally) she could have been listed as the responsible party or if she is the primary on the insurance card. It could go either way.

Here is a Hipaa letter someone posted recently. Maybe this will help. That date of service seems to be an important date for you to go from.

[jasen]

They had no insurance for quite a while before the divorce took place. Mostly due to his negligence to pay for it.

As far as she knows, he never went to a psychologist before they were divorced.

I'm not sure how we would leverage the HIPAA letter, as it's not even her medical records they're divulging here. Maybe we could say they're violating HIPAA by showing his medical care to us and our creditors?

Regardless, I know for certain that the affidavit will get it removed (the're required by law to do so when recieving this), my main questions are in regards to legality and liability in the case that someone has a legal dispute with this, and somehow proves he was secretly seeing this doctor before the divorce was finalized.